This article offers a proposal for the regulation of stem cell products by the Food and Drug Administration (“FDA”) that corresponds to a specialized product liability scheme. It shows how product liability and administrative law can be successfully integrated to create a comprehensive legal...

In FTC v. Actavis, the Supreme Court ruled that settlements by which brand drug companies pay generics to delay entering the market could violate antitrust law. In In the Matter of Impax Laboratories, the FTC offered its first elaboration upon this framework. On behalf of all 5 members,...

This paper advocates for a more active role for adjudicators, one in which they provide direction to parties and actively shape the hearing process. Indeed, active adjudication can be an important access to justice tool. Without some direction and assistance from the adjudicator, growing numbers...